Approval and Promulgation of State Implementation Plan; Wisconsin; Site-Specific Revision For General Electric Medical Systems

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI72-01-7298a; FRL-5528-3]

Approval and Promulgation of State Implementation Plan;

Wisconsin; Site-Specific Revision For General Electric Medical Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency approves a site-specific

volatile organic compound (VOC) reasonably available control technology

(RACT) state implementation plan (SIP) revision for the General

Electric Medical Systems (GEM) facility located at 4855 West Electric

Avenue in Milwaukee, Wisconsin. This SIP revision was submitted by the

Wisconsin Department of Natural Resources (WDNR) on March 15, 1996.

This approval makes federally enforceable the State's consent order

establishing an alternate control system for GEM's cold cleaning

operation.

In the proposed rules section of this Federal Register, the EPA is

proposing approval of, and soliciting comments on, this requested SIP

revision. If adverse comments are received on this action, the EPA will

withdraw this final rule and address the comments received in response

to this action in a final rule on the related proposed rule, which is

being published in the proposed rules section of this Federal Register.

A second public comment period will not be held. Parties interested in

commenting on this action should do so at this time. This approval

makes federally enforceable the State's rule that has been incorporated

by reference.

DATES: The ``direct final'' is effective on September 16, 1996, unless

EPA receives adverse or critical comments by August 16, 1996. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), U.S.

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,

Illinois 60604.

Copies of the proposed SIP revision and EPA's analysis are

available for inspection at the U.S. Environmental Protection Agency,

Region 5, Air and Radiation Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604. (Please telephone Kathleen D'Agostino at (312)

886-1767 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental

Engineer, Regulation Development Section, Air Programs Branch (AR-18J),

U.S. Environmental Protection Agency, Region 5, Chicago, Illinois

60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION:

I. Background

General Electric Medical Systems (GEM) owns a facility located at

4855 West Electric Avenue in Milwaukee, Wisconsin. The GEM facility

manufactures X-ray tubes and components for other medical systems, and

includes a cold cleaning operation which is part of an automated batch

chemical treatment process for X-ray tubes. The GEM facility is located

in the Milwaukee severe nonattainment area and is subject to rule NR

423 of the Wisconsin Administrative Code, which regulates VOC emissions

from solvent cleaning operations. This rule has been approved by the

United States Environmental Protection Agency (EPA) as meeting the RACT

requirements of the Clean Air Act (Act).

Specifically, under sections NR 423.03(3)(d), (i), and (j), GEM is

required to control organic compound emissions from the cold cleaning

operation through a freeboard ratio greater than or equal to 1.0,

through a water cover, or through an alternate control system

equivalent to a freeboard ratio of 1.0. Under section 423.03(9), any

alternate control method approved by the WDNR must be submitted to and

approved by EPA as a site-specific SIP revision. For the reasons

outlined below, GEM chose to install an alternate control system. The

WDNR has made the determination that the controls proposed by GEM are

more effective than those required by Rule 423 and has approved GEM's

proposal through Consent Order AM-96-200. On March 15, 1995, the

Wisconsin Department of Natural Resources (WDNR) submitted this Order

to EPA, along with associated materials, for incorporation into

Wisconsin's SIP.

II. Facility and Process Description

As noted above, GEM manufactures X-ray tubes and components for

other medical systems. This includes glass blowing, graphite target

manufacturing, cathode and anode machining and X-ray assembly. The X-

ray units are also tested and rebuilt at this facility.

The facility has a cold cleaning operation which is part of an

automated batch chemical treatment process for X-ray tubes. This

process consists of loading parts into a carrier that automatically

immerses them in various

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chemicals, baths and water rinses, ending with immersion in the cold

cleaner bath which contains 95 percent ethanol and 5 percent methanol.

The equipment associated with the cold cleaning process was specially

made for this facility. The overhead conveyor was designed with a

limited vertical travel distance. With this limitation, the equipment

can not be modified to comply with a freeboard ratio greater than or

equal to 1.0 without significant expense. Consequently, GEM has

proposed an alternate control system.

GEM's proposed system includes an enclosed solvent storage tank,

control valves, pump and piping with an automated operating sequence.

The following is the proposed operation procedure for the equipment.

1. The cover opens.

2. The parts are lowered into an empty immersion tank.

3. The cover closes.

4. The solvent is pumped into the tank.

5. The parts are slowly agitated.

6. The solvent is drained from the tank.

7. The parts remain inside the tank until the excess solvent drips

off.

8. The cover opens.

9. The parts are removed.

10. The cover closes.

Additional design information for the proposed equipment is as

follows.

1. The cleaner will be fitted with a mechanically assisted bi-

parting cover.

2. The solvent storage tank will be enclosed.

3. The enclosed solvent storage tank along with associated control

valves, pump and piping will be installed and programmed to provide an

automated operating sequence.

4. The size of the tank will be 16'' W x 20'' L x 12'' H.

5. The cover will only be opened when the parts are being placed in

or removed from the tank.

III. Evaluation of State's Submittal

As noted previously, EPA has approved Wisconsin's rule NR 423 as

meeting the RACT requirements of the Act. Under sections

423.03(3)(d)3., and (j), sources may comply through an alternate method

approved by WDNR, providing that it achieves emission reductions

equivalent to that achieved under a freeboard ratio of 1.0.

Additionally, this alternate must be submitted to, and approved by,

EPA.

To demonstrate that the proposed alternate method of control is

equivalent to the level of control that would be achieved under a

freeboard ratio of 1.0, GEM relied on emission factors developed by EPA

and contained in the fifth edition of AP-42, dated January 1995. GEM

estimated that evaporative emissions from the cold cleaner operating

with a freeboard ratio of 1.0 and uncovered when in use (as allowed

under Wisconsin's rule), would be 0.35 pounds of VOC per day. The VOC

emissions resulting from the proposed enclosed system were estimated to

be 0.33 pounds per day.

The State has determined that the alternate control system proposed

by GEM meets the requirements of NR 423, as approved by EPA, and is

thus sufficient to meet the requirements of RACT. Furthermore, by

complying through the proposed alternate control method, the GEM

facility will be achieving greater emission reductions than it would

had it complied through the freeboard ratio specified in rule 423.

The proposed alternate control system has been reviewed by EPA, as

well as the procedures used to establish this alternate system. The

alternate control system will result in a net environmental benefit and

is consistent with the RACT regulation promulgated by the State and

approved by EPA.

IV. Final Rulemaking Action

The EPA approves Wisconsin's site-specific SIP revision for

incorporation into the State's federally enforceable ozone SIP.

Because EPA considers this action noncontroversial and routine, we

are approving it without prior proposal. This action will become

effective on September 16, 1996. However, if we receive adverse

comments by August 16, 1996, EPA will publish a document that withdraws

this action.

V. Miscellaneous

A. Applicability to Future SIP Decisions

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. The EPA shall consider each request for revision to the SIP in

light of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

B. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214), as revised by a July

10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air

and Radiation. The Office of Management and Budget has exempted this

regulatory action from E.O. 12866 review.

C. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

This approval does not create any new requirements. Therefore, I

certify that this action does not have a significant impact on any

small entities affected. Moreover, due to the nature of the Federal-

State relationship under the Act, preparation of the regulatory

flexibility analysis would constitute Federal inquiry into the economic

reasonableness of the State action. The Act forbids EPA to base its

actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 256-66 (1976).

D. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), 2 U.S.C. 1532, the EPA must prepare a

budgetary impact statement to accompany any proposed or final rule that

includes a Federal mandate that may result in estimated costs to State,

local, or tribal governments in the aggregate; or to the private

sector, of $100 million or more. Under Section 205, 2 U.S.C. 1532, the

EPA must select the most cost-effective and least burdensome

alternative that achieves the objectives of the rule and is consistent

with statutory requirements. Section 203, 2 U.S.C. 1532, requires the

EPA to establish a plan for informing and advising any small

governments that may be significantly or uniquely impacted by the rule.

The EPA has determined that the approval action promulgated today

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector.

This Federal action approves pre-existing requirements under State

or local law, and imposes no new Federal requirements. Accordingly, no

additional costs to State, local, or tribal governments, or the private

sector, result from this action.

E. Petitions for Judicial Review

Under Section 307(b)(1) of the Act, petitions for judicial review

of this

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action must be filed in the United States Court of Appeals for the

appropriate circuit by September 16, 1996. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review, nor does

it extend the time within which a petition for judicial review may be

filed and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements (see Section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: June 17, 1996.

David A. Ullrich,

Acting Regional Administrator.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart YY--Wisconsin

2. Section 52.2570 is amended by adding paragraph (c)(95) to read

as follows:

Sec. 52.2570 Identification of plan.

* * * * *

(c) * * *

(95) On March 15, 1996, Wisconsin submitted a site-specific SIP

revision in the form of a consent order for incorporation into the

federally enforceable ozone SIP. This consent order establishes an

alternate volatile organic compound control system for a cold cleaning

operation at the General Electric Medical Systems facility located at

4855 West Electric Avenue in Milwaukee.

(i) Incorporation by reference. The following items are

incorporated by reference.

(A) State of Wisconsin Consent Order AM-96-200, dated February 20,

1996.

(B) September 15, 1995 letter from Michael S. Davis, Manager--Air

and Chemical Management Programs, General Electric Medical Systems to

Denese Helgeland, Wisconsin Department of Natural Resources, along with

the enclosed system diagram. (This letter is referenced in Consent

Order AM-96-200.)

[FR Doc. 96-17990 Filed 7-16-96; 8:45 am]

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